Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Application No.1252/2021
State v. Gurnam Singh
FIR No.108/2021
u/s 392/395/397/120B/412/188/269/34 IPC
& 25/27 Arms Act
PS Delhi Cantt
02.07.2021
Vide order No.9871-9900/Bail/Judl/Prin./D&SJ/NDD/2021
dated 30.04.2021, the undersigned has been deputed for duty to
hear and dispose of fresh bail/urgent criminal applications
and pending bail applications pertaining to New Delhi Distt.
Matter is taken up through VC.
Present: Sh. R.K. Bhati Ld. Addl.PP for the State through
VC.
Sh. Avtar Singh Ld. Counsel for the
applicant/accused through VC.
IO SI Sandeep Yadav through VC.
Reply filed. Arguments heard.
Ld. Defence Counsel has prayed bail on the ground
that accused has been falsely implicated in this case and he was
never present at the spot at the time of commission of the
offence. Merely on the basis of the disclosure statements of the
co-accused persons, this case has been registered against him.
Ld. Defence counsel has pointed out that applicant never been in
any touch with the co-accused persons, who allegedly committed
the offence at the spot. There is contradiction in the complaint
as well as in the reply and disclosure statement of the co-accused
persons and complainant has never stated anything about the use
of revolver.
Ld. Addl. PP strongly opposed the bail application
on the ground that there are sufficient materials on record against
the accused and applicant actively participated in the commission
of the offence and there is sufficient evidence in the form of
CDRs and the recovery of the stolen currency from his
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possession.
It is alleged against the accused that complainant Sh.
Gautam Diman was having a Air Arabia flight to visit Dubai on
22.04.2021 at about 4:40 am. From his residence, he reached
Bangla Sahib Gurudwara and from there his friend Paras dropped
him at Petrol Pump near R R Hospital, Delhi at around 12:45 am
from his scooty. Paras called his friend Pratap who arrived in a
Swift Dezire Car and during the course of time, co-accused
Surjeet alongwith his associates also came there in a separate car.
After boarding the car, Pratap handed over his air ticket and also
money for expenses and in the meanwhile one of the associates
spread chilli power in his eyes and he was robbed of currency of
Rs. 15000 Dhiram, some clothes and two mobile phones. After
the incident, from the CCTV footage Pratap Singh @ Monu
established the identity of one of the assailants as Gurmukh who
was flagging pistol towards them. During the investigation,
accused persons namely Gurmukh, Amrik @ Rinku were
arrested and during interrogation and from their disclosure
statement, it was revealed that offence has been committed in
connivance accused Gurnam Singh and co-accused Sajjan Singh
As per the disclosure statement of the accused persons the
conspiracy to rob the complainant was hatched with the co-
accused Sajjan Singh. One of the co-accused Amrik Singh has
disclosed about the modus operandi in which applicant Gurnam
Singh had provided the information to co-accused Sajjan Singh
of the vehicle which was taking the complainant to the airport
for the purpose of the robbery.
In the present case offence alleged against the
accused is serious in nature in which, complainant was robbed in
mid night. So far as evidence against the applicant/accused is
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concerned, it has been pointed out by the IO that CDRs of the co-
accused and the applicant is there to show that he was in constant
touch with the accused persons present at the spot during the
commission of the offence. Recovery of some of robbed Riyal is
also effected from the possession of the accused upon which Ld.
Defence counsel has submitted that in the complaint, the
currency is mentioned as Dirham whereas recovery of Riyal has
been shown. On this objection IO has clearified that due to
confusion complainant has stated so, actually Riyal was stolen
from his possession. So far as, the averments about the use of
pistol by accused Gurnam Singh is concerned, despite the same is
not mentioned in the F.I.R, the IO has stated that he can be seen
using the same in the CCTV footage and after the arrest of the
co-accused, the name of the applicant revealed in the conspiracy
to commit the offence.
Therefore, considering the facts and circumstances
of the case, gravity of offence, role of the applicant, no ground
for bail is made out. Hence, the application is dismissed.
Copy of this order be given dasti.
It is certified that proceedings conducted through
VC on CISCO WEBEX Meetings, the quality of audio and video
was clear and uninterrupted to the satisfaction of the participants.
(Sanjay Khanagwal)
Roster Judge/ASJ/Spl.FTC/PHC/ND
02.07.2021
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